Dr Vinod Shanker Verma vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 15654 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:34680
 
Court No. - 8
 

 
Case :- WRIT - A No. - 3693 of 2023
 

 
Petitioner :- Dr Vinod Shanker Verma
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Social Welfare U.P. Lko. And 5 Others
 
Counsel for Petitioner :- Ashok Kumar,Pawan Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr. Ashok Kumar, learned counsel for the petitioner, as well as Mr. Ram Pratap Singh Chauhan, learned Additional Chief Standing Counsel, representing respondents-State Authorities, and gone through the record.

2. This second petition under Article 226 of the Constitution of India has been filed, seeking honourarium for the period 01.07.2020 to 07.02.2021 and from 01.07.2021 to 05.05.2022.

3. The petitioner was given appointment on honourarium basis as Principal in Jai Prakash Narayan Sarvoday Vidyalaya, Rampur, U.P. (hereinafter referred to as the 'Vidyalaya'). The petitioner's honourarium was not paid from 01.07.2020 to 07.02.2021 and from 01.07.2021 to 05.05.2022. The petitioner, being aggrieved by the non-payment of honourarium for the said period, filed petition Writ-A No.5573 of 2022 before this Court. This Court, vide judgment and order dated 26.08.2022, disposed of the said writ petition, permitting the petitioner to file a fresh representation along with certified copy the order before the Director, Social Welfare Directorate, U.P, Lucknow and if such a representation is filed, the Director would take a decision within a period of six weeks.

4. Pursuant to the liberty granted by this Court vide judgment and order dated 26.08.2022, the petitioner moved a representation before the Director. The said representation has been rejected by the Director vide order dated 19.12.2022, which is impugned in the present petition.The Director called for a report from the District Social Welfare Officer, who submitted his report dated 30.09.2022 before the Director. In the report it was said that the petitioner never worked in the Vidyalaya from 01.07.2020 to 07.02.2021 and from 01.07.2021 to 05.05.2022. As the petitioner did not attend the Vidyalaya for the said period, he was not entitled for the honourarium, as claimed by him.

5. There is no ground to dispute the report of the District Social Welfare Officer. This Court cannot take a different view which has been taken by the Director, on the basis of the report submitted by the District Social Welfare Officer, as there is no material to suggest that the petitioner attended the Vidyalaya, but he was denied the honourarium. Thus, finding no substance, this petition is hereby dismissed at this stage itself.

[D.K. SINGH, J.]

Order Date :- 18.5.2023

MVS/-